Exclusions to Coverage (cont.)
Normal wear and tear of the desktop or painted finish
Cosmetic damage to your product including but not limited to scratches, dents and broken
plastic on parts that does not otherwise affect its functionality or materially impair your use.
Products with a serial number that have been altered, defaced, or removed.
Fees or costs related to third-party contracts, consequential or incidental damages, including but not limited to loss of use, loss of business, loss of profits, loss of data, downtime,
charges for time and effort, or “no problem found” diagnoses.
This Warranty or Extended Warranty only covers the electric desk, and shall not include
items attached to the covered electric desk, such as components or add-on accessories,
even if purchased with the electric desk. Accessories not covered include, but are not
limited to, keyboard platforms, cable management trays, speakers, monitor arms, treadmills,
casters and CPU mounts.
Disclaimer
EXCEPT AS EXPRESSLY SET FORTH ABOVE, EVODESK MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NONINFRINGEMENT, OR WARRANTIES OR OBLIGATIONS ARISING
FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
Limitation of Liability
IN NO EVENT WILL EVODESK OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY
LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF EVODESK OR ITS AFFILIATE
OR SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND
WHETHER OR NOT ANY REMEDY PROVIDED SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
THE TOTAL CUMULATIVE LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND
ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE
PURCHASE PRICE OF THE PRODUCT PAID BY CUSTOMER.
Without limiting the generality of the preceding sentence, Evodesk shall not be liable for
personal injury or property damage.
Assignment of Rights
The warranties contained herein extend only to the original purchaser of the Products and
no attempt to extend the warranties to any subsequent transferee of the Products shall be
valid or enforceable without the express written consent of Evodesk.
Governing Law
Interpretation and enforcement of these terms and conditions shall be governed by the
laws of the State of Texas.
WARRANTY (cont.)
Warranty - 17